In many subdivisions, access to rear sections is granted via a right of way easement over neighboring properties. However, issues may arise when the underlying landowners or neighbors utilize or obstruct parts of the right of way.

A recent High Court case sheds light on permissible actions within easements. The case involved a widened right of way with a sealed driveway, some of which was used by the landowner for retaining walls and pillars. While this did not hinder driveway access, neighboring property owners objected.

Upon review, an arbitrator determined that only the sealed driveway needed to remain unobstructed, allowing the landowner’s additions. However, disputing parties sought leave to appeal, prompting the High Court to grant permission, signaling a potential change in interpretation.

The key takeaway is that unused portions of a right of way must remain clear to accommodate potential future access, aligning with previous legal precedents. Even minor interferences may not be tolerated under updated regulations mandating the constant clearance of easement areas.

While some flexibility exists for momentary obstructions, persistent interference like parking or storage could lead to disputes and legal ramifications.

In essence, respecting the integrity of accessways is crucial, as any encroachments may lead to conflicts with neighbors and adverse legal outcomes.